Fall River — The Attorney General’s Office announced today that Robert G. Kfoury, age 65, of Fall River, has been charged with 58 counts of violating the Massachusetts Clean Air Act and one count of violating the Massachusetts Solid Waste Management Act by allegedly illegally demolishing, handling, storing, and disposing of asbestos-containing material, asbestos-containing waste material, and solid waste at 386 Kilburn Street, the site of the former King Philip Mill in Fall River. The Bristol County Grand Jury indicted Kfoury on Wednesday, May 29 and he was arraigned before Judge Brian Glenny in Bristol Superior Court on June 18.
Kfoury is a property developer who demolished the former mill buildings to build single-family homes. The allegations encompass conduct beginning with Kfoury’s demolition of the former mill complex starting on May 29, 2018, and continuing through the discovery of buried asbestos-containing waste material at the site during the execution of a court-authorized search warrant on February 11, 2020.
These charges are allegations, and the defendant is presumed innocent until proven guilty.
Asbestos is a hazardous material and known human carcinogen regulated under the Clean Air Act. It is used as fireproofing in various building materials including roofing, flooring, siding, wallboard, caulking, and insulation. Improper handling or maintenance can release fibers into the air which can be inhaled causing severe lung issues such as scarring, malfunctioning lungs, and potentially life-threatening illnesses like asbestosis, lung cancer, and mesothelioma. Disturbed asbestos fibers can remain airborne for up to 72 hours making them breathable during this period. There is no safe level of exposure to asbestos due to its serious health risks.
The Massachusetts Department of Environmental Protection (MassDEP) mandates builders conduct a professional asbestos survey before any demolition or renovation work. They must notify MassDEP prior to working with any asbestos-containing material and ensure it is carefully removed, wetted down to prevent dust formation sealed properly for transport. Building sites and equipment must be meticulously cleaned after removal. Asbestos must then be transported to special landfills designated for its disposal.
The case is being prosecuted by Assistant Attorney General David Wittenberg from AG Campbell’s Environmental Crimes Strike Force with assistance from detectives with the Massachusetts Environmental Police; Asbestos and Strike Force Section Chief Colleen Ferguson from MassDEP’s Southeast Regional Office; and Acting Director Stephen Spencer from MassDEP’s Environmental Strike Force.
For more information on asbestos-related work visit MassDEP's website outlining construction and demolition notification requirements or refer to the Massachusetts Department of Labor Standards’ website for worker safety programs related to asbestos.
###